Articles & Advisories

What Happens to your “Social Media” and other “Digital” Life when you Die?

Over the holidays, it’s likely that you or a loved one received some type of computer or device that connects to internet websites, e-mail and applications. Or that pictures were taken and stored on such a device, or that posts were made on Facebook, Twitter, LinkedIn and more. Or that...

Pro Bono Appeal: Navigating Inconsistencies in Posthumous DNA Testing Statutes

Family Court Act § 519 and Estates Powers and Trusts Law (“EPTL”) § 4-1.2 both address a child’s right to prove paternity after the putative father’s death. However, DNA testing may be considered under Family Court Act § 519 only if “a genetic marker or DNA test had been administered...

Who’s Who in Commercial & Residential Real Estate Law – Dave Curry

David M. Curry is counsel at Farrell Fritz, concentrating in commercial real estate law. Curry represents developers in sales and acquisitions of re- tail, office, industrial, hotel, and other properties, as well as in air rights transactions. He represents landlords and tenants in commercial leasing transactions for industrial, retail, warehouse...

Year End Gifting

Each December I usually write about year-end gifting, as now is the time that many people think about gifting to loved ones, especially with the holidays upon us.  In addition to making you, as well as the beneficiary of your gift, feel good, lifetime gifts can help reduce your potential...

The Close of 2016 Provides Useful Instruction

As we conclude the year and look forward to 2017, we continue to appreciate the instruction we receive from Surrogate’s Court opinions addressed to trusts and estates practice. Toward that end, the final months of 2016 were distinguished by decisions involving joint bank accounts, probate proceedings and the scope of...

Surrogate’s Court Procedure Act Article 17-A and Its Ever-Changing Landscape

Article 17-A (“Article 17-A”) of the Surrogate’s Court Procedure Act (“SCPA”) has garnered a great deal of attention in the past year. Indeed, as evidenced by the many recently published decisions interpreting Article 17-A, the Surrogate’s Courts have been called upon to address novel issues involving the statute, including the...

Letters to the WSJ Editor; Outgoing SEC Chair White Will Be Missed

Alon Kapen wrote a letter to the editor of The Wall Street Journal regarding the departure of the SEC Chair, Mary Jo White.  The letter was published in the November 23, 2016 issue. To read Alon's letter, please download the PDF.

How Sustainable Development Works in New York

Nearly three decades ago, the World Commission on Environment and Development, which had been established by the United Nations, presented a new concept: sustainable development. It defined that as development that “meets the needs of the present without compromising the ability of future generations to meet their own needs.”[i] Now, the...

Exhaustion of Remedies Is Often Key to Seeking Relief

In New York, it is well settled that the doctrine of exhaustion of administrative remedies requires that where a remedy before an administrative agency is available, relief must be sought by exhausting this remedy before courts will act. The New York Court of Appeals has observed that “hornbook law” provides...

You’ve Won the Lottery!! Now What??

You’ve won the $60 million lottery! What should you do?  Absolutely scream and celebrate quietly with your very immediate family, but then take a deep breath and think. Before you go claim the prize or publicize your win, it is important to take considered steps. Assuming you and your family members...

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